[RE: UA-112-2004: BURMA: Complaints against forced labour blocked and victims punished issued on 3 September 2004; UP-11-2005: BURMA: Four officials sentenced to prison for forced labour in Kawmhu Township, Yangon Division; UP-63-2005: BURMA: Local officials seek revenge against villager who obtained first successful forced labour prosecution; UP-68-2005: BURMA: Preliminary hearing against villager who obtained first successful forced labour prosecution completed; UP-73-2005: BURMA: Defamation case against villager continues; UP-117-2005: BURMA: Human rights defender Ma Su Su Nwe jailed in Insein Prison]
Dear friends,
The Asian Human Rights Commission (AHRC) reported on Friday that Burmese villager and human rights defender Ma Su Su Nwe has been jailed in Insein Prison on the spurious grounds that she abused and intimidated local government officials (UP-117-2005).
We are again calling for your urgent help to secure her release. There are grave concerns for Ma Su Su Nwe’s health, as she suffers from a heart condition and was reportedly denied medicines upon being sent to prison.
Below is the latest information on this case. Please refer to the previous sample letter for how to write to the government authorities in Burma or the embassy or consulate in your country. Please also write to your own foreign ministry or equivalent to urge that it take up the case through diplomatic channels: a second sample letter for this purpose is below.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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LATEST INFORMATION
According to the latest information available to the AHRC, Ma Su Su Nwe was sentenced to a total of 20 months in prison: 18 months for intimidation under section 506 of the Penal Code, and 2 months for abuse under section 294B. Observers at the court have told outside sources that as Judge Daw Htay Htay Win read the sentence her voice was shaking. For her part, Ma Su Su Nwe remained calm throughout the sentencing and departure from the court.
After Ma Su Su Nwe was taken to prison on October 13, the authorities refused to allow her to bring essential medicines for her heart condition and other basic items, all of which were returned to persons in her township by the police. However, she was reportedly permitted to receive visitors on October 15.
The liaison office of the International Labour Organisation in Burma is said to have protested against the sentence. It is not yet known as to what further action it is taking.
The legal department of the National League for Democracy has indicated that it will appeal the case on behalf of Ma Su Su Nwe in the district court. The AHRC has been advised that she can be granted bail under sections 486 & 498 of the Criminal Procedure Code.
It has also been reported, but not confirmed, that the authorities in Tanmanaing village tract of Kawhmu Township have stepped up reprisals against villagers who have supported Ma Su Su Nwe. These have allegedly included restrictions on business activity and confiscation of property. No details are available at present.
SUGGESTED ACTION:
The AHRC is beginning a comprehensive campaign on this case, directed especially at diplomatic missions and international organizations. We request that you contact your government and international organizations in your country to urge that the case be taken up at official levels with the authorities in Burma. A sample letter for this purpose follows. Please refer back to the sample letter in the previous update (UP-117-2005) for letters to the government officials in Burma or diplomatic missions.
Please remember that for the purposes of these letters, the country should be referred to by its official title of Myanmar, rather than Burma.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear …
RE: HUMAN RIGHTS DEFENDER JAILED IN MYANMAR
I am writing to urge for your action on the case of Ma Su Su Nwe, an ordinary villager turned human rights defender who was jailed in Myanmar on 13 October 2005 on spurious allegations of having insulted and threatened government officials there.
On 31 January 2005 Ma Su Su Nwe (34) obtained the first successful conviction against government officials for forced labour in Myanmar, in accordance with section 374 of the Penal Code and Order 1/99 and its Supplementary Order. She was supported in her efforts by the liaison office of the International Labour Organisation (ILO) in the country. As an act of revenge, the new local government head, U Kyaw Lwin, took legal action against her under sections 294B & 506 of the Penal Code, claiming that she had abused and threatened him and other local council members. She was found guilty by the court on both charges, and sentenced to 20 months in jail in the Kawhmu Township Court on October 13 (Judge Daw Htay Htay Win presiding). She was immediately transported to the notorious central Insein Prison, where she was reportedly denied the right to take with her medicines she needs for a chronic heart condition.
Ma Su Su Nwe has been given legal assistance by lawyers of the National League for Democracy, who are now preparing to lodge an appeal. I am informed that the offences for which she has been jailed are cognizable and bailable offences under sections 486 & 489 of the Criminal Procedure Code.
I call upon you to take up the case of Ma Su Su Nwe with the government of Myanmar as a matter of special concern. In view of the courageous stand that this young woman took for her basic human rights, in accordance with the relatively narrow legal avenues available to citizens of her country, and given her medical condition, her case deserves urgent attention.
I also urge you to take up with the government of Myanmar the use of the law as a weapon to unjustly attack innocent persons who challenge the wrongdoing of government officials, particularly with reference to forced labour practices. In this regard, I would draw your attention to a 4 June 2005 statement by the ILO that:
"The Government [of Burma] should give clear assurances that no action would be taken against persons lodging complaints of forced labour, or their representatives, in order that the [ILO] Liaison Officer could fully continue to accept and channel such complaints to the competent authorities…" (emphasis added)
I thank you for your attention to this matter and look forward to your speedy intervention.
Yours sincerely
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PLEASE SEND OR TAKE YOUR LETTERS IN PERSON TO:
1. The foreign minister (or representative) or equivalent in your country, and your local elected representative (member of parliament or equivalent)
2. International missions in your country, including, where available:
a. United Nations, especially International Labour Organisation and Commission for Human Rights
b. International Committee of the Red Cross
c. European Union or other regional body
d. Diplomatic missions of other countries
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
